Bankruptcy courts addressing the issue of whether debtors may deduct college expenses for their adult children post-BAPCPA have found no statutory support for such deduction. The Bankruptcy Code allows deductions for some education expenses, but limits deductions for elementary and secondary education expenses.
Recently, the U.S. Bankruptcy Court for the Western District of New York, in a combined treatment of two chapter 7 cases involving the same trustee and debtor's attorney, penalized the attorney for delaying the cases and failing to comply with the supplemental reporting requirements of Fed. R. Bankr. P.
The Fifth Circuit recently affirmed a district court decision that had affirmed a bankruptcy court's decision to adjudge a debt nondischargeable pursuant to 11 U.S.C.
There have been an increasing number of cases dealing with objections to assigned credit card debt. These cases are a bit like a showdown between gunfighters with bad aim; there is a lot of shooting, but no one hits anything.
The Bankruptcy Code specifically provides for adjustments of current monthly income or expenses due to "special circumstances," but in order to qualify, there must be "no reasonable alternative." The Code sets forth a test, placing the burden of proof on the debtor to determine if a requested adjustment qualifies as a special circumstance: "In order to est
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The House Judiciary Committee approved an amendment in the nature of a substitute for H.R.
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) added a new provision regarding personal property leases, §365(p), which provides:
Bankruptcy courts addressing the issue have reached a consensus regarding the extent to which a nonfiling spouse’s income should be included in the calculation of current monthly income.
Bankruptcy courts addressing the issue have reached a consensus regarding the extent to which a nonfiling spouse’s income should be included in the calculation of current monthly income.